Wisconsin Professional Police Association/Law Enforcement Employee
Relations Division, on July 13, 1990, and August 24, 1990 filed petitions
requesting the Wisconsin Employment Relations Commission to conduct an election
pursuant to the Municipal Employment Relations Act among certain employes in the
employ of the Village of Poynette to determine whether said employes desired to
be represented for purposes of collective bargaining by said labor organization.
Hearing in the matter was conducted before Examiner Jane B. Buffett, a member of
the Commission's staff, in Poynette, Wisconsin on November 14, 1990. A
transcript was prepared and delivered November 26, 1990. The parties declined
opportunity to submit briefs. The Commission, having considered the record and
arguments of the parties, and being fully advised in the premises, makes and
issues the following

FINDINGS OF FACT

1. Wisconsin Professional Police Association/Law Enforcement Employee
Relations Division, hereinafter the Association, is a labor organization
representing municipal employes for purposes of collective bargaining, and has
its offices at 7 North Pinckney Street, Madison, Wisconsin 53703.

2. The Village of Poynette, hereinafter the Village, is a municipal
employer, and has its principal offices at 106 South Main Street, Poynette,
Wisconsin 53955.

3. The Association initiated the instant proceeding by filing petitions
requesting the Wisconsin Employment Relations Commission to conduct an election
among employes in the Village Police Department, (Case 1) and a second election
among employes in the Village Police Department who do not have the power of
arrest (Case 2).

4. At the November 14, 1990 hearing, the Association withdrew its
petition in Case 2 regarding the employes who do not have the power of arrest.

5. At the hearing, the parties stipulated that the appropriate unit
should be:

All regular full-time and regular part-time employes of the Village
of
Poynette Police Department, excluding managerial, supervisory and confidential
employes.

6. The Village employs two full-time police officers and two officers
who work less than full-time: Corey Johnson, and Patrick Brown. The Village
asserts that Johnson and Brown are casual employes and thus not included in the
unit. Police Chief David Johnson includes Johnson and Brown on the monthly work
schedules he prepares. Johnson and Brown are regularly assigned to work weekend
shifts that are not covered by the two full-time employes. They also work when
the need arises on short notice. Both officers have worked for at least one
shift in each two-week pay period since first being hired by the Village.
Johnson was hired in February, 1990 and Brown in August, 1990. From May to
November, 1990, when one of the two full-time positions were vacant, these
officers averaged 45 hours a pay period. Since the vacancy was filled, the need
for part-time officers has been reduced, but the Village continues to need the
part-time officers on the weekends. The Village Board has directed Chief Johnson
not to employ Officer Brown for more than 599 hours during 1991, but it has not
restricted his discretion to distribute those hours throughout the year. Chief
Johnson can continue to schedule Brown for some hours in each pay period.
Johnson and Brown are always available to the Village since they do not have
other full-time employment. The Village allows part-time officers to decline
work when there is a conflict with other employment or important personal
business, but the Village, in the past, terminated an employe who refused work
for reasons other than such conflicts.

7. The part-time officers have working conditions that are identical to
the full-time officers as regards duties, methods of patrol, uniforms, weapons
regulations and supervision. The starting hourly rate for full-time officers is
$9.25 as compared to $8.00 for part-time. Part-time officers, unlike full-time
officers, do not receive any fringe benefits other than retirement fund
contributions required by state statute. The Village makes no commitment to
part-time officers to offer them any full-time position that should become
vacant.

8. Officers Johnson and Brown work a sufficient number of hours on a
regular basis to warrant being found to be regular part-time employes of the
Village.

Based on the above and foregoing Findings of Fact, the Commission makes and
issues the following

CONCLUSIONS OF LAW

1. A question concerning representation exists within the following
collective bargaining unit deemed appropriate within the meaning of Sec.
111.70(4)(d)2.a. of the Municipal Employment Relations Act

All regular full-time and regular part-time employes of the Village
of
Poynette Police Department with the power of arrest, excluding managerial,
supervisory and confidential employes.

2. Johnson and Brown are regular part-time employes of the Village and
therefore are appropriately included in the collective bargaining unit described
in Conclusion of Law 1.

Based upon the above and foregoing Findings of Fact and Conclusions of Law,
the Commission makes and issues the following

ORDER

1. An election by secret ballot shall be conducted under the direction
of the Wisconsin Employment Relations Commission, within forty-five (45) days
from the date of this direction in the bargaining unit consisting of all regular
full-time and regular part-time employes of the Village of Poynette Police
Department with the power of arrest, excluding managerial, supervisory and
confidential employes who were employed on January 10, 1991 except such employes
as may prior to the election quit their employment or be discharged for cause,
for the purpose of determining whether a majority of said employes desire to be
represented by Wisconsin Professional Police Association/Law Enforcement Employee
Relations Division for the purposes of collective bargaining with the Village of
Poynette on wages, hours and conditions of employment or not to be so
represented.

2. The election petition filed by the Association in Case 2 is
dismissed.

Given under our hands and seal at the City of Madison, Wisconsin this 10th day
of January, 1991.

WISCONSIN EMPLOYMENT RELATIONS COMMISSION

By A. Henry Hempe /s/

A. Henry Hempe, Chairman

Herman Torosian /s/
Herman Torosian, Commissioner

William K. Strycker /s/

William K. Strycker, Commissioner

VILLAGE OF POYNETTE (POLICE
DEPARTMENT)

MEMORANDUM ACCOMPANYING FINDINGS OF
FACT,

CONCLUSIONS OF LAW AND ORDER DIRECTING
ELECTION

AND DISMISSING PETITION FOR ELECTION

BACKGROUND

The Association, on July 13, 1990, filed a petition for an election among
employes of the Village of Poynette Police Department. The only issue in dispute
in this matter is the status of the two employes who work less than full-time.
The Association contends they are regular part-time employes and should be
included in the bargaining unit, while the Village contends they are casual
employes and should be excluded.

DISCUSSION

In determining whether employes are regular part-time or casual employes,
we have held that where a regular amount of work is available for part-time
employes, individuals who perform something more than a deminimis amount of that
work on a regular basis will be found to be part-time employes despite their
ability to reject work. (1) We turn to a
determination of whether the work record
of Johnson and Brown meets this test.

Johnson and Brown both worked at least one eight-hour shift in every two-week pay
period since they were first hired by the Village, and are relied upon
by the Village to provide law enforcement coverage, primarily on the weekends,
when the work hours of the two full-time officers do not provide all the coverage
desired by the Village. Thus, it is clear that there is a regular amount of work
available to Johnson and Brown and that both individuals perform more than a
deminimis amount of that work on a regular basis. Although the Board has
directed
Chief Johnson to limit Officer Brown's employment to 599 hours during 1991, it
has not restricted his ability to distribute those hours throughout the year.
Consequently, the Chief will be able to continue his current policy of relying
on this officer for weekend work throughout the coming year. Given the
foregoing, Johnson and Brown are regular part-time employes who are eligible to
vote and included in the unit.